CATAQUIS, ZYREEN KATE B.

G.R. No. L-6801 March 14, 1912

JULIANA BAGTAS vs. ISIDRO PAGUIO, ET AL.

I. FACTS

Pioquinto Paguio, suffered from paralysis of the left side of his body some 14 or
15 years prior to his death on September 28, 1909 and also became hearing impaired
losing his power of speech. Despite these, he was still able to write fairly well using his
right hand and still able to indicate his wishes through medium of signs.

Paguio was able to write out the disposition of his property on several pieces of
paper which was transcribed by one Señor Marco for transcription and delivered to a
lawyer to a lawyer who read them to the testator for confirmation. The testator assented
to the will with an affirmative movement of his head.

The widow of the decedent sought the probate of the will which was accepted by
the Court of First Instance of bataan but was opposed by Isidoro Paguio on the ground
that the testator was not in full enjoyment of his mental faculties and capacity making
the will invalid.

II. ISSUE
Whether or not the will was validly executed by the testator

III. RULING

Yes, the will was held valid. The Supreme Court affirmed the order probating the
will emphasizing that the same is perfectly reasonable and its dispositions are those of
a rational person.

IV.

Article 798 states that in order to make a will, the testator must be of sound mind
at the time of execution. However, Art. 799 also mentions that it is not necessary that
the testator be in full possession of all his reasoning faculties, or that his mind be wholly
unbroken, unimpaired, or unshattered by disease, injury or other cause. Further, Art.
800 states that the burden of proof that the testator was not of sound mind lies on the
person opposing the will’s probate.

In the case at bar, it has been emphasized that mere weakness of mind and
body, induced by age and disease does not render a person incapable of making a will.
The mental capacity of the testator may have been doubted but the statements of the
witnesses to the execution indicate that he had mental capacity exercised on said
occasion. Paguio seemed to have comprehended it clearly taking an active part in all
the proceedings.

Isidoro Paguio, also failed to overcome the presumption mental soundness of the
testator under the rule of law.